Domestic violence cases are some of the most challenging issues in all of criminal law. Often, it is compared to personal injury cases due to family violence. In reality, what appears in a police report rarely reflects the truth. It is because domestic violence complainants regularly use the system as an indirect form of eviction, as an advantage to obtain child support or as the basis for a U visa application. As a result, it is imperative that a person accused of domestic violence fight vigorously against the accusations. As Domestic violence lawyer the job is to make sure the district attorney has obtained all of the legal evidence that really proves your case.
What are the acting fields?
The domestic violence law was established to protect victims of violence in relationships that are considered “domestic.”These relationships include – people living together, a couple, a person who has a child together, married, separated, and divorced. Domestic Violence includes bullying, Cyber bullying, Terrorist Threats, Assault, Sexual assault, Stalking, blackmailing, etc. In civil matters, a person can petition a family court to issue a Temporary Restraining Order. After a trial in Family Court, a Superior Court judge decides if a permanent restraining order is necessary. On the criminal side, an accuser can file criminal charges for the act of domestic violence committed.
Consequences of a domestic violence case
If a temporary restraining order is issued, a defendant can be barred from any direct or indirect contact with the person requesting the order. A Superior Court family judge decides in a testimonial hearing whether the temporary restraining order should remain in effect forever based on the facts, circumstances, and allegations. If the defendant violates the temporary restraining order, he or she could be charged with the criminal charge of contempt. Once the court finds the accused not following the restraining order, he/she may face severe consequences, such as jail, fines and a criminal record. If the defendant was found guilty of contempt, he could be sentenced to prison, fines and a criminal record.
What if fail to follow the restraining order?
Other consequences can include restriction of entering or staying in certain places, withdrawal of firearms, revocation of firearm identification cards, your name will be placed on a national registry, fingerprints taken placed in a database, child support payments, prohibited contact with your own children unless allowed by the court, referral to child protective services, reimbursement of attorneys’ fees from the other side, domestic violence counseling weeks, alcohol and drug evaluation, etc. If you have been charged with domestic violence, you need an experienced attorney on your side. A domestic violence conviction can have employment and immigration consequences, not to mention criminal penalties and family separation issues.
The importance of accessibility
As domestic violence cases are practically sensitive, you should hire a lawyer near you. On many occasions, we need to have the services of a lawyer at any time of the day or night. For this reason, if you need the services of a family violence lawyer, it is important that you trust a law firm that offers coverage 24 hours a day.